The goal of our family law practice is to provide advice and advocacy on the legal aspects of relationship issues in a manner which serves the best legal interests of our clients, while respecting their values and sensitivities.
Separation Agreements should be entered into by parties in a "marriage-like relationship" as early as possible after they have decided to separate. A good Separation Agreement creates a friction-free, livable compromise for all parties - especially where there are children involved - and provides a healing or cooling-off period which may lead to reconciliation. If reconciliation by the parties is successful, the Separation Agreement is simply torn-up.
Under the provisions of the Divorce Act (Canada), separation by parties to a marriage or to a "marriage-like relationship" for at least one year is the usual ground for a divorce. The court is not interested in who is to blame for the breakdown of the marriage or "marriage-like relationship".
If a party to a marriage can prove that they suffered from the other party's mental cruelty or physical cruelty or that their spouse committed adultery, there is no need to wait the one year separation period before applying for divorce. However, party claiming mental cruelty, physical cruelty or adultry as the basis of divorce must provide go through the time and expense of obtaining evidence and proving the mental cruelty, physical cruelty or adultry to the Court's satisfaction.
A Separation Agreement may be entered into prior to or during the separation period for the purpose of settling matters in relation to child custody, child support, child access and guardianship, spousal maintenance, and the division of family assets (the "Collateral Issues"). Alternatively this Collateral Isues may be settled at the divorce application stage. If the parties have reached an agreement on all Collateral Issues before the divorce application state, they may apply for an "uncontested divorce".
When parties cannot reach an agreement on all the Collateral Issues, the divorce application must proceed as a "contested divorce", which will be both time consuming and costly.
Gateway Law Corporation can help you through a separation or divorce. Since 2006, we have worked with parties to structure child support, child custody, spousal support and property division agreements.
To make it possible for families to reunite in Canada, Citizenship and Immigration Canada has developed the Family Class sponsorship process. If you are a Canadian citizen or a Canadian Permanent Resident, you can sponsor your spouse, common-law partner, conjugal partner, dependent child (including adopted child), or other eligible relative (such as a parent or grandparent) to become a Canadian Permanent Resident.
We have experience representing Canadian citizens and Canadian Permanant Residents, who wish to sponsor a family member to join them in Canada.
Gateway Law Corporation © 2011. Revised 2016. All information provided is for informational purposes only, and does not constitute a legal contract between Gateway Law Corporation and any person or entity unless otherwise specified. Although every reasonable effort is made to present current and accurate information, Gateway Law Corporation makes no guarantees of any kind..